Hmm... It seems we are many, and some of us have high stakes, which provides great motivation to act to get the money back.
I'm not sure if Simon or the German authority is the bad guy here - probably both. Moreover, I don't know which of them is more prone to transfer our BTC back to us.
If German authorities recognize that Bitcoins are value, then there is hope they'll not confiscate them. Anyway, the German authorities could be sued if they don't give out our BTC. The most wealthy men could unite to put up such a great lawsuit that even stands a chance against the German authority. This is just my common sense speculation, but think about it!